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Item 22 - Natural Gas Fueling Station
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08/17/2021 Regular
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Item 22 - Natural Gas Fueling Station
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4/9/2024 11:47:29 AM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
22
Date
8/17/2021
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Worker's Compensation Insurance. In accordance with California state law, <br />Contractor, if Contractor has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self-insurance. Prior to <br />commencing the performance of the work under this Agreement, Contractor <br />agrees to obtain and maintain employer's liability insurance with limits not <br />less than $1,000,000 per accident. <br />d. If Contractor is or employs a licensed professional such as an architect or <br />engineer: Professional liability (errors and omissions) insurance, with a combined <br />single limit of not less than $1,000,000 per claim. <br />The following requirements apply to the insurance to be provided by Contractor <br />pursuant to this section: <br />i. Contractor shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. <br />ii. Certificates of insurance shall be furnished to the City upon execution of <br />this Agreement and shall be approved in form by the City. <br />iii. Certificates and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br />f. If Contractor fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof that insurance <br />has been procured and is in force and paid for, the City shall have the right, at the <br />City's election, to terminate this Agreement. Such termination shall not affect <br />Contractor's right to be paid for its time and materials expended prior to <br />notification of termination. Contractor waives the right to receive compensation <br />and agrees to indemnify the City for any work performed prior to approval of <br />insurance by the City. <br />11. INDEMNIFICATION <br />Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, consultants, special counsel, and representatives from liability: (1) for personal <br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims <br />for personal injury, including death, and claims for property damage, which may arise from the <br />negligent acts or omissions of the Contractor or its subcontractors, agents, employees, or other <br />persons acting on their behalf which relate to the Work and services described in section 1 of this <br />Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, <br />judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. <br />This indemnity and hold harmless agreement applies to all claims for damages, just <br />compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, <br />by reason of the events referred to in this Section or by reason of the terms of, or effects, arising <br />from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all <br />costs for the defense of the City, including reasonable legal fees and costs for special counsel to <br />be selected by the <br />
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